HomeMy WebLinkAboutcc min 1985/12/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, December 3, 1985 Council Chamber
4:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm, Moore,
Scott, McCandliss
MEMBERS ABSENT: None
STAFF PRESENT; City Manager Goss, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox,
followed by a moment of silent prayer.
1. APPROVAL OF MINUTES - None.
2. SPECIAL ORDERS OF THE DAY - None.
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR VARIANCE ON PROPERTY LOCATED AT 1097 OLEANDER -
Michael Patrick Wheeler, 1097 Oleander Avenue, Chula Vista
92010
Mr. Michael Wheeler, the occupant residing at 1097 Oleander
Avenue, failed to correct the violation of the Municipal Code
by maintaining a building within the required front yard
setback of 15 feet. He has been granted extension of times
to abate the nuisance. Mr. Wheeler requested reconsideration
of this matter. City Manager Goss recommended the request be
filed and the decision not reconsidered.
MSUC (Malcolm/Moore) approve the staff's recommendation.
b. REQUEST TO CONTRACT WITH COUNTY OF SAN DIEGO TO PROVIDE NOISE
CONTROL SERVICES - Gary Stephany, Chief, Division of
Environmental Health Protection, Department of Health
Services, 1700 Pacific Highway, San Diego 92101
MINUTES 2 December 3, 1985
City Manager Goss informed the Council that while the City of
Chula Vista and its Building and Housing Department has the
capability to monitor and enforce the City's noise ordinance,
it probably would be worthwhile to evaluate the services
available through the County. He recommended that this be
referred to staff for a report.
MSUC (Malcolm/Moore) to approve the staff's recommendation.
c. REQUEST TO APPOINT A REPRESENTATIVE TO SERVE ON THE CITIZEN'S
ADVISORY COMMITTEE - H. E. Sorlie, County Department of
Public Works, Building 2, 5555 Overland Avenue, San Diego
92123
The City Manager recommended that an appointment be made to
the County Citizens Advisory Committee in connection with
revisions to the County Solid Waste Management Plan.
MSUC (Malcolm/Moore) to approve the staff's recommendation.
REQUEST FOR RECONSIDERATION OF ITEM 3a
Mr. Michael Wheeler requested to speak on item 3a regarding
the request for a variance.
MSUC (Cox/Scott) to reconsider item 3a.
Mr. Wheeler referred to his petition submitted to the Council
and signed by residents in the immediate area of his home
stating they have no objections to his garage being built
within the setback area. Mr. Wheeler compared the
construction of his garage with that of the additions to the
house at 885 Country Club Lane.
Ms. Wanda Eaton, log7 Oleander Avenue, Chula Vista, 92010,
stated she is a developer and has inspected the house at 885
Country Club Lane declaring there were numerous violations of
all setback areas.
Mr. Eugene Hunt, 1091 Oleander Avenue, Chula Vista, 92011,
stated the garage is a beautiful building and affords him
much privacy. Therefore, he requested it be allowed to stand.
Discussion followed in which the Council indicated approval
of this request would set a precedent since Mr. Wheeler's
construction is a violation of the City's ordinance.
In response to the Council's questions, Director of Building
and Housing Grady explained a permit was filed by Mr. Wheeler
but never finalized by the department due to the setback
violations.
MINUTES 3 December 3, 1985
MS (Cox/McCandliss) to continue this for one week and ask staff to
come back with a comparison of the property at 855 Country Club
Lane and the alleged violations of that property as opposed to
this property--specifically, look for it to come back in a week or
two weeks.
Councilman Scott opposed the motion because of the amount of
time already spent on this item and there would probably not
be a full Council next week.
Councilman Malcolm stated he would support the motion if it
were for something other than a comparison.
The motion to continue the item failed by the following vote:
AYES: McCandliss, Cox
NOES: Scott, Malcolm, Moore
ABSENT: None
MSC (Moore/Malcolm) to file this item (deny the request). (Mayor
Cox opposed.)
REQUEST FOR CONTINUANCE OF ITEM 8
Mayor Cox announced he received a request from the developer to
continue the public hearing to December 17, 1985. Councilwoman
McCandliss noted the request for a continuance was based on the
fact the developer wanted more time to meet with people in the
area and such a meeting has taken place.
Councilman Scott remarked he checked with the City Attorney
regarding the applicant's agent being employed by Merrill Lynch
Realty. Due to his employment with Merrill, Lynch, Fenher, &
Smith, an opinion was sought from the City Attorney.
City Attorney Harron stated he checked with the Fair Political
Practices Commission and a determination was made that Councilman
Scott does not have a conflict of interest. This decision was
based on the fact that since Merrill, Lynch, Fenner & Smith is
listed on the New York Stock Exchange, in order to have material
interest of financial effect, an increase/decrease of $250,000
would have to occur. It is unlikely the broker's commission in
this case would reach that amount; thus, no conflict exists.
Councilman Scott stated he would abstain from voting on the item
if anyone in the audience requested it.
MINUTES - 4 - December 3, 1985
Councilman Malcolm noted he is a member of the San Diego Country
Club and has also been advised by the City Attorney that he does
not have a conflict of interest on this item.
Mr. Buzz Gibbs, representing Chuvila Properties, stated he would
still request a continuance of this item even though he has met
with many of the residents concerning the project. He would like
the opportunity to meet with more of the people from this
neighborhood.
Councilman Scott remarked the City Council is the body to be
convinced and he saw no reason for the postponement. Councilman
Malcolm concurred; however, he noted the City Council has always
granted a request for a continuance by any applicant.
MSC (Cox/Malcolm) to allow a two week continuance to December 17,
1985 at 7:00 p.m.
The motion passed by the following vote:
AYES: Cox, Malcolm, Moore
NOES: Scott, McCandliss
ABSENT: None
Ms. Billie Bull noted Mr. Gibbs stated his presentation to the
Council would not change if a continuance were granted.
Mr. Gene Strocco asked if the continuance could be scheduled after
the first of the year--to allow residents time for the holidays.
Mr. Bill Hardin told the Council he had never received
notification of the public hearing and requested the City notify a
wider range of the residents of the continued hearing. Councilman
Malcolm suggested that residents within 1,000 feet be notified.
It was moved by Mayor Cox to continue this item until January 7,
1985 at 4:00 p.m.
At this time, Mr. Gibbs withdrew his request for a continuance.
Mayor Cox withdrew his motion.
MSUC (Cox/McCandliss) to rescind the previous action (to continue
the public hearing for two weeks).
MS IScott/Cox) to take item 8 out of sequence.
MINUTES 5 - December 3, 1985
Councilman Malcolm stated he had advised many residents who called
him that the item would be considered after the other public
hearings.
Councilman Scott withdrew his motion and the second agreed.
PUBLIC HEARINGS AND RELATED RESOLUTIONS & ORDINANCES
4. PUBLIC HEARING APPEAL OF PLANNING COMMISSION DECISION ON
CONDITIONAL USE PERMIT PCC-86-5; REQUEST
TO CONSTRUCT A 75-UNIT APARTMENT PROJECT
LOCATED AT THE SOUTHEAST CORNER OF FLOWER
STREET AND JEFFERSON AVENUE BERT EPSTEN
(Director of Planning (Continued from
meeting of November 5, 1985)
RESOLUTION AFFIRMING THE DECISION OF THE PLANNING
COMMISSION AND THUS APPROVING CONDITIONAL
USE PERMIT PCC-86-5 WHIGH WILL ALLOW THE
CONSTRUCTION OF 75~UNIT APARTMENT PROJECT
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Councilwoman McCandliss stated she had reviewed the tapes of the
previous meeting regarding this public hearing.
Director of Planning Krempl explained on September 25, 1985, the
Planning Commission approved Conditional Use Permit PCC-86-5 for
the construction of a 75-unit apartment project on 2.55 acres
located at the southeast corner of Flower Street and Jefferson
Avenue in the C-T thoroughfare commercial zone. The City Council
was apprised of this action and has called the application up on
appeal. Pending a full Council, this public hearing was continued
to this meeting.
Director Krempl presented transparencies noting the parking which
consists of 108 on-site spaces, including 54 covered carport
spaces arranged along the west, south and east boundaries of the
site. The project also contains a large central
courtyard/recreation area with pool and fenced tot lot.
Staff's analysis is that the project is well-sited for a multiple
family development of this density and layout and recommended
approval.
Mr. Ron Davis, 2445 Juan Street, San Diego 92110, representing the
applicant, stated that the project is basically a rezoning; it is
a use allowed in the C-T zone under the Conditional Use Permit
MINUTES 6 - December 3, 1985
procedures; 80 units are allowed on this site and 75 are proposed;
the project has met R-3 standards and represents good transitional
use to the C-T zone; the use is located close to schools and food
service facilities; the project does not infringe on residential
properties; demand for a C-T zone is very low due to zoning depth;
the new trolley station will be located within walking distance of
the project; territorial rights for car dealers exist.
Mr. Timothy J. Kerrigan, P.O. Box 2, San Diego 92138, representing
Coldwell Banker, referred to a marketing study made of the area
declaring there was no viability of this site for a commercial
project.
Mr. Russell Valone, Market Profiles, 409 Camino del Rio South, San
Diego 92108, commented the market profile determined that the back
portion of the project was not a good commercial use; a majority
of rental housing has been approved for the eastern sector; this
project will represent affordable housing in the City.
In answer to Councilwoman McCandliss' question, Mr. Valone stated
cost for rental units would be from $400 to $600 per month for
one, and three-bedroom units.
There being no further testimonies, the public hearing was
declared closed.
Discussion ensued regarding: there will be 29 units to an acre;
type of renters would be young married couples and older people;
noted the recreational areas and tot-lots; (Malcolm) noted over
50% of the properties in the area are zoned R-3; (Malcolm) the
project would be a higher density than that allowed for Gersten
and EastLake projects; suggestion for down-zoning; there should be
a study of the commercial areas along Broadway; premature to make
a commitment on this property at this time; development would meet
higher standards of "in-filling" since it is close to trolleys and
school s.
Councilman Malcolm stated the project would be "selling out the
City" by allowing construction of more apartments on this site.
MS (Malcolm/Moore) to deny the Conditional Use Permit.
The motion passed by the following vote:
AYES: Malcolm, Moore, McCandliss
NOES: Cox, Scott
ABSENT: None
MINUTES 7 - December 3, 1 985
MS (Scott/McCandliss) bring forth a report on the possibility of
doing a study on commercial depth and redevelopment in the
Broadway area.
Councilman Moore declared his opposition towards forming another
redevelopment area suggesting that community development rather
than redevelopment should be proposed.
The motion to bring back a report passed with Councilman Moore
oppose.
5. PUBLIC HEARING PCM-86-6- CONSIDERATION OF AMENDMENT TO
RANCHERO SPA PLAN TO PERMIT CHILD DAYCARE
CENTERS WITHIN THE P-C ZONE--LA PETITE
ACADEMY, INC. (Director of Planning)
(Continued from meeting of November 19,
1985)
RESOLUTION 12269 ADOPTING AN AMENDMENT TO THE TEXT OF THE
RANCHERO SPA PLAN TO PERMIT CHILD DAYCARE
CENTERS WITHIN THE P-C ZONE
This being the time and place as advertised, the public hearing
was declared open.
Director Krempl explained the applicant is requesting an amendment
to the Ranchero Sectional Planning Area (SPA) Plan in order to
permit child daycare centers within the P-C zone. The application
contemplates the establishment of a child daycare center on 1.76
acres located on the southeasterly corner of Paseo del Rey and
East "J" Street presently designated for neighborhood commercial
uses.
On February 26, 1985, the City Council failed to adopt the
amendment citing concerns over mixed use of the property and the
lack of a precise plan. The applicant was encouraged to return
with an actual site plan and a specific proposal for the remnant
convenience store site.
On February 13, 1985, the Planning Commission recommended the City
Council approve the amendment, specifically the C-N zoned site
located at the southwest corner of Paseo del Rey and East "J"
Street. Staff concurs stating that the property in question
appears well suited for the proposed use. It is appropriate to
establish daycare centers as close as possible to the residents
they serve, and there are presently no other facilities of this
kind in the area.
MINUTES - 8 - December 3, 1985
The Design Review Committee conditionally approved the site plan
and elevations for the project on November 7, 1985. Included as a
condition of approval is the requirement that the applicant
establish a one-foot high earthen berm along the southerly
property line in order to address the findings of the noise
analysis.
Mr. Richard Grabhorn, 9619 Chesapeake Drive, Suite lO1, San Diego
92123, commented that the project was zoned commercial and Council
approval is not needed for commercial zoning; submitted
transparencies of the site plan; noted ingress/egress; vehicle
trip generation would be 30% greater if the project is developed
commercially; no traffic concerns; 75% of the children will be
pre-school therefore, no outside play areas are needed for them;
other schools must have land for outside sports activities; it is
a significant social issue.
Ms. Dee Maloney, Vice President of Realty-La Petite Academy, Inc.,
1336 Foxgrove Place, San Diego 92130, explained they have over
460 schools operating in the United States; they have been in
business for 16 years; this operation is a professional center for
pre-schoolers; program times vary depending on working mothers'
schedules.
There being no further public testimony either for or against, the
public hearing was declared closed.
Councilwoman McCandliss stated the question is the number of
students to allow. She proposed rather than the 233 figure for
the children, that Council reduce it to 175 for the first phase.
This would allow La Petite to come back during their second phase
to request additional enrollment.
RESOLUTION OFFERI:D BY COUNCILMAN SCOTT, the reading of the text
was waived by unanimous consent.
AMENDMENT
MSUC (Cox/Scott) amend the resolution to specify Council is
approving Phase 1 which would set a limit of 175 students--any
subsequent increase in population above that or subsequent phases
would have to be brought back for further Council approval.
The resolution, as amended, passed with Councilman Malcolm opposed.
MINUTES 9 - December 3, 1985
6. PUBLIC HEARING 12270 APPEAL OF PLANNING COMMISSION
DECISION ON PCC-85-24 - REQUEST TO
UTILIZE 24 PARKING SPACES OF THE
CHULA VISTA ALLIANCE CHURCH LOCATED
AT THE NORTHEAST CORNER OF TELEGRAPH
CANYON ROAD AND PASEO DEL REY
CALTRANS DISTRICT ll (Director of
Planning) (Continued from meeting of
November 26, 1985)
RESOLUTION AFFIRMING THE DECISION OF THE
PLANNING COMMISSION AND THUS
APPROVING CONDITIONAL USE PERMIT PCC
85-24 FOR A PARK ArID RIDE USE
This being the time and place as advertised, the public hearing
was declared open.
Director Krempl stated that on September 25, 1985, the Planning
Commission approved Conditional Use Permit PCC-85-24 for the use
of 24 parking spaces at the Chula Vista Alliance Church located at
the northeasterly corner of Telegraph Canyon Road and Paseo del
Rey for park-and-ride use. The City Council was apprised of this
action and has called the application up on appeal.
The project consists of a proposal by CalTrans to construct and
maintain 24 parking spaces on the southwesterly portion of the
property in return for a five year lease from the church to use
the spaces as a park and ride facility. The spaces would be
utilized by commuters Monday through Friday, between the hours of
5:30 CalTrans reports that the average
6:30 a.m. and p.m.
facility of this type is used to 50% capacity.
Staff concurred with the Planning Commission recommendation adding
that since this activity would generally not occur before 6:30
a.m. and would be buffered from the dwellings by the difference in
elevation, they believe it would be appropriate to recommend
approval based upon the condition that the conditional use permit
would be subject to review if complaints were received regarding
the noise.
Mr. David Olsen, Pastor of the Chula Vista Alliance Church, 680
Gilbert Place, Chula Vista, discussed the Conditional Use Permit
which provides for the permit to be withdrawn if any problems
arise with the project. He noted general maintenance would be
provided by the Church unless considerable debris is experienced,
then CalTrans would be notified to maintain the property.
MINUTES lO December 3,
1985
Director Krempl affirmed CalTrans has a maintenance program which
will be applied to the project.
There being no further testimony either for or against, the public
hearing was declared closed.
MSUC (Moore/Cox) to amend condition #2 that any complaint received
regarding the inappropriate use, noise level and overall
appearance (which) continues shall be cause for review and
possible revocation.
RESOLUTION OFFERED BY MAYOR COX, as amended, the reading of the
text was waived by unanimous consent.
Councilman Scott stated the proposed site is too far away from the
freeway and it may not fit in with the neighborhood. He suggested
a condition be made setting a time limit on the project.
MSUC (Scott/McCandliss) that there be a "sunset clause" of two
years for review (by the Council).
The motion to adopt the resolution as amended passed unanimously.
7. PUBLIC HEARING CONSIDERING THE PROPOSED RATE INCREASE
FOR HARTSON'S AMBULANCE SERVICE {Director
of Public Safety/Director of Finance)
RESOLUTION 12271 APPROVING THE NEW RATE SCHEDULE FOR
HARTSON'S AMBULANCE SERVICE AND EXTENDING
THE CURRENT RATE SERVICE AGREEMENT TO
MONTGOMERY
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Hartson's Ambulance Service requested a rate increase for
ambulance {EMT) and paramedic {PM) services provided in the City
of Chula Vista. The proposed new rates would permit Hartson to
charge the same fees in the City of Chula Vista that are presently
charged in the remainder of their regulated service area. The
last fee increase was granted to Hartson's three (3) years ago, in
November 1982. Additionally, the service contract and rate
schedule would be extended to the newly annexed area, effective
with its formal annexation. The annexed area's current rates are
higher than the new rates proposed for Chula Vista.
Staff's recommendation is to increase the rate for ambulance
service from the present $144 to $164 and for paramedics from $227
to $268. It was noted this rate increase will not affect the
current co-payment amount required of Medicare or Me~'T~al patients.
MINUTES
- ll - December 3
198~
There being no testimony either for or against, the public hearing
was declared closed.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent.
In answer to Councilman Moore's question, Principal Management
Analyst Chase explained the proposed checks and balances for the
rate increases.
Councilman Scott suggested a thorough auditing in the future be
made of these rates by an outside auditor.
The motion to adopt the resolution passed unanimously.
MSUC (Scott/Moore) at the budget hearings this year, staff bring
up the subject of possible audit of those areas that the City
still has control over as far as the rates are concerned along
with a recommendation from staff.
The Mayor recessed the meeting at this time at 6:20 p.m.
The Council meeting reconvened at 6:35 p.m.
8. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-86-8 REQUEST
FOR PERMISSION TO ESTABLISH A SAN DIEGO
COUNTY DEPARTMENT OF SOCIAL SERVICES
OFFICE AT 33 NAPLES STREET CHUVILA
PROPERTIES (Director of Planning)
RESOLUTION APPROVING THE ESTABLISHMENT OF A SOCIAL
SERVICES OFFICE AT 33 NAPLES STREET
PURSUANT TO CONDITIONAL USE PERMIT
PCC-86-8
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director Krempl described the request to establish a San Diego
County Department of Social Services (welfare) office within an
existing shopping center at 33 Naples Street in the C-N zone. A
public use of this nature is an "unclassified use" under the
Zoning Ordinance and may be considered for location in any zone
subject to City Council approval.
San Diego County, as the lead agency for environmental review on
this proposal, has issued a notice of exemption declaring that the
project is exempt from environmental review as a Class 1 exception
under Section 15301 of the California Environmental Quality Act
Guidelines.
MINUTES 12 December 3,
1985
On October 23, 1985, the Planning Commission, by a vote of 1-5
with one abstention, failed to adopt a motion to approve the
project.
Staff's recommendation was that based on certain findings, adopt a
resolution approving PCC-86-8 subject to the following condition:
"The site plan and elevations for the project shall be
subject to review and approval by the Design Review Committee
prior to the issuance of building permits."
The following individuals spoke in favor of the project: Randall
Bacon, Director, San Diego County Department of Social Services,
7949 Mission Center Court, San Diego 92108; Dan Hyatt, 3876
Harris Street, La Mesa 92041, {County Department of General
Services); Mike Vogt, 1027 Neptune Drive, Chula Vista 92011,
representing Merrill Lynch; Buzz Gibbs, 8906 Aero Drive, San
Diego 92123, representing Chuvila Properties.
In general, their comments were: site meets all the criteria for
the Social Service Center; noted the County's efforts in obtaining
a center in Chula Vista; the number of people who will be coming
to this site per day; the need for a large parking area; alternate
site at 690 "L" Street; rental for this facility would be $40,000
per month compared to the present facility at "L" Street $47,000
per month; ten-year lease on the site; project would be a great
improvement in the area; noted landscaping proposed for the
parking lot; none of the condos proposed for the adjacent lot
would face the facility; people visiting the facility do so by
appointment only; 175 employees proposed for center 153 on a
daily basis; average of 129 cars parking daily; were
slides
submitted depicting the facilities in Oceanside and La Mesa; noted
meetings held with residents in the area to explain the project;
real issue is the people using the facility; a retail use could
add 3,000 more vehicles per day to the area; 9,000 currently
traveling on Naples Street; facility will be remodeled making it
compatible with the area.
Those individuals speaking in opposition to the project included:
Gene Strocco, 7801 Mission Center Court, San Diego 92108; Michael
A. Green, 43 Palomar Drive, Chula Vista; Deborah Turner, ll60 Agua
Tibia Avenue; Alicia Kemp, 1036 Vista Way; Monte Weddle, 1122
Hilltop Drive; Gordon Jones, 211 Naples Street; Ruth Hart, 1118
Tobias Drive; Billie Bull, 1117 Vista Way; Richard Dinsmore, llll
First Avenue; Bob Kemp, 1036 Vista Way; Charlie Holmes, 37 Angela
Lane.
MINUTES 13 - December 3,
1985
Mayor Cox noted the number of people in attendance opposing the
project. The following is a summary of their comments: reasons
for deteriorations of other welfare offices was due to the
County's refusal to increase the rent; project brings no money
into the neighborhood because welfare checks are mailed; it is not
a nice environment for the community; does nothing special for
Chula Vista; County refused to have a welfare in the Regional
facility; this is an "exception to an exception" for a commercial
neighborhood zone; City Council should be sensitive to the uses
going into a residential neighborhood; regional use; neighbors
feel it is a detriment to bring this type of facility into their
neighborhood; pointed out amount of potential crimes occuring;
damage to residential property; quiet neighborhood with "birds
singing" would be disturbed; intrusion into residential
neighborhood; there should be freeway access to such a facility;
questioned what will happen when the County moves out of this
facility.
There being no further testimonies either for or against, the
public hearing was declared closed.
Councilwoman ~cCandliss stated she had viewed the County facility
in Del Sol and commented the project is not compatible with this
residential area. She therefore, could not support the use.
Councilman Scott agreed stating that a regional use is not
appropriate for a residential neighborhood area.
MS (Scott/McCandliss) to deny the appeal.
Councilman Moore pointed out if this project were a viable use,
more traffic would be generated. Mayor Cox agreed stating that a
commercial use would have a higher traffic count and the need
exists to address the existing use of the site. He suggested the
center should be upgraded and recommended locating the Social
Services Center in the vicinity of the Social Security Office on
"L" Street.
The motion to deny the appeal carried unanimously.
MSUC (Scott/Cox) to direct staff and the Mayor to help Social
Services (department) find a new location.
(Councilman Malcolm left the dais at this time.)
Mayor Cox commented on the excess traffic at the intersection of
Naples and Moss.
MINUTES 14 - December 3,
1985
MSC (Cox/Scott) to direct staff and the Montgomery Planning
Committee to take a look at whether the City couldn't more
effectively accommodate the traffic by having Moss come into a 90°'
angle at Naples where Alpine Avenue comes in. (Councilman Malcolm
abstained.)
9. ORAL COMMUNICATIONS
PRESENTATION REGARDING DEVELOPMENT OF THE SOUTH BAY CULTURAL
ARTS CENTER - James H. Cusack, Project Director, The School
for the Creative and Performing Arts, Sweetwater Union High
School District, 820 Fourth Avenue, Chula Vista 92011
City Manager Goss reported Mr. Cusack was informed his
presentation would probably not be heard right away. As he
had a conflicting engagement, Mr. Cusack agreed to reschedule
this presentation to January 7, at 4:00 p.m.
Councilman Malcolm returned at this time.
CONSENT CALENDAR (lO -16)
(Items lO, 13, 15, and 16 pulled.)
MSUC (Scott/McCandliss) to approve the Consent Calendar.
lO. REPORT PROPOSED OPEN SPACE MAINTENANCE DISTRICT
NO. 14, BONITA LONG CANYON ESTATE UNIT 1
(Director of Public Works/City Engineer)
a. RESOLUTION APPROVING PRELIMINARY REPORT AND
DECLARING INTENTION TO FORM OPEN SPACE
MAINTENANCE DISTRICT NO. 14.
(Pulled from Consent Calendar.)
ll. RESOLUTION 12272 ACCEPTING THE TRANSFER OF PROPERTY TAX
REVENUE FROM THE SAN DIEGO COUNTY FLOOD
CONTROL DISTRICT (Director of Finance)
The San Diego County Flood Control District formerly included four
cities and scattered territories in eight other cities (including
Chula Vista) because of annexations which had not subsequently
detached from the Flood Control District. Under current law, only
unincorporated territory is to be included in a County Flood
Control District.
MINUTES 15 - December 3,
1985
The County is holding approximately $42,066 in property tax
revenue collected from parcels that have previously annexed to the
City of Chula Vista. These funds will be transferred to Chula
Vista on adoption of this resolution.
12. RESOLUTION 12273 DONATION OF 1953 PUMPER TO SAN DIEGO
CHIEF'S ASSOCIATION'S OIL FIRE FIGHTING
SCHOOL (Director of Public Safety)
The Fire Department presently has a 1953, GMC Pumper which is
scheduled to be surveyed in accordance with the City's equipment
replacement policy. Normally, such equipment is put up for sale
through the Purchasing Department. The San Diego County Fire
Chiefs' Association, Training Officers' Section, has requested
that this pumper be donated for use at the Oil Fire Fighting
School.
The Director of Public Safety reported that due to the age and
difficulty in acquiring parts for repair, the 1953, GMC Pumper
will, most likely, be auctioned off for approximately $2,000 to
$3,000. This pumper was originally purchased from the State of
California for one dollar in 1972. He recommended the GMC Pumper
be donated to the Oil Fire Fighting School.
13. RESOLUTION APPROVING A COMPENSATION PLAN FOR CERTAIN
UNCLASSIFIED EXECUTIVE EMPLOYEES OF THE
CITY OF CHULA VISTA FOR FY 1985-86 (City
Manager)
(Pulled from Consent Calendar.)
14. ORDINANCE 2134 AMENDING TITLE 18, CHAPTERS 18.08, 18.12
AND 18.28 OF THE CHULA VISTA MUNICIPAL
CODE BY THE AMENDMENT OR ADDITION OF
VARIOUS SECTIONS AND BY THE ADDITION OF
CHAPTER 18.13 ESTABLISHING PROCEDURES FOR
VESTING OF TENTATIVE MAPS FOR RESIDENTIAL
SUBDIVISIONS SECOND READING AND
ADOPTION (Director of Planning)
The new law (operational as of 1/1/86) permits a vesting tentative
map to be filed whenever the existing subdivision map requires a
tentative map to be filed.
Generally, the law specifies that when a local agency approves or
conditionally approves a vesting tentative map that approval would
confer a vested right to proceed with development in substantial
compliance with specified ordinances, policies, and standards.
MINUTES 16 - December 3,
1985
Ordinance 2134 complies with the requirements of the law and had
its First Reading on 11/26/85.
15. REPORT REGARDING DEVELOPER PARTICIPATION FOR
OFF-SITE ROAD IMPROVEMENTS AND TRAFFIC
SIGNAL AT THE BONITA ROAD AND FLOWER
STREET INTERSECTION (Director of Public
Works/City Engineer)
(Pulled from Consent Calendar.)
16. REPORT GENERAL PLAN AMENDMENT FOR THE CITY OF
CHULA VISTA (Director of Planning)
(Pulled from Consent Calendar.)
END OF CONSENT CALENDAR
10. REPORT PROPOSED OPEN SPACE NAINTENANCE DISTRICT
NO. 14, BONITA LONG CANYON ESTATE UNIT 1
(Director of Public Works/City Engineer)
a. RESOLUTION APPROVING PRELIMINARY REPORT AND
DECLARING INTENTION TO FORM OPEN SPACE
MAINTENANCE DISTRICT NO. 14.
The staff's report provided the necessary background information
to enable Council to initiate formation of an open space
maintenance district within Bonita Long Canyon Estates, Unit 1.
McMillin Development, Inc., developer of Bonita Long Canyon
Estates, submitted a letter of petition on September 4, 1985,
requesting formation of an open space maintenance district.
McMillin will install the necessary landscaping and irrigation at
no expense to the City. The landscaping will be complete and
established prior to acceptance by the City on behalf of the
proposed open space maintenance district. There are 199
benefiting properties (199 EDU) on the assessment rolls within the
proposed district, and the estimated annual maintenance cost to be
assessed each EDU is app'roximately $85.
The petitioner is the present owner of all the assessed
properties. The responsibility for paying the open space
maintenance assessment will be conveyed with each of the
benefiting properties as those properties are sold.
MINUTES 17 - December 3,
1985
The recommendation is that Council:
1. Adopt a resolution declaring the Council's intention to form
the proposed district in accordance with Section 17.08.160 of
the Municipal Code.
2. Set January 7, 1986, at 4:00 p.m. in the Council Chambers as
the date and time for a public hearing to consider the
proposed formation of Open Space Maintenance District No. 14.
The Mayor noted staff requested this item be continued.
13. RESOLUTION 12274 APPROVING A COMPENSATION PLAN FOR CERTAIN
UNCLASSIFIED EXECUTIVE EMPLOYEES OF THE
CITY OF CHULA VISTA FOR FY 1985-86 {City
Manager)
The resolution approves the compensation plan for the City
Attorney, City Clerk, and City Manager.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
15. REPORT REGARDING DEVELOPER PARTICIPATION FOR
OFF-SITE ROAD IMPROVEMENTS AND TRAFFIC
SIGNAL AT THE BONITA ROAD AND FLOWER
STREET INTERSECTION (Director of Public
Works/City Engineer)
The "E" Street/Bonita Road intersection became a four-way
intersection in 1977 when Flower Street was extended to intersect
Bonita Road in conjunction with the Morgan-Gardner Subdivision
project. This subdivision consisted of property on both sides of
the Flower Street extension and north of Bonita Road {"E"
Street). As a condition of approval, the developers were required
to install full improvements on the north side of Bonita Road and
to participate in the installation costs of a Traffic signal at
the Bonita Road/Flower Street intersection.
Full street improvements on the northerly half of Bonita Road
were installed by the Morgan-Gardner developers adjacent to their
project as required by the City Council in 1977. Their fair share
of the traffic signal installation cost was estimated to be
$17,500 by the City Engineer. This amount was paid by the
developers prior to the approval of the City's policy for
participation by private developers in the financing and/or
installation of traffic signals.
MINUTES 18 - Decembe~ 3,
985
With the development of their project, known as Eucalyptus Grove
(CVT84-1), the developers pay additional fees estimated to be
about $11,268. Their total traffic signal fee would amount to
$28,768, about 35% of the total $82,000 estimated cost to install
the traffic signal.
The recommendation is that Council:
1. Direct staff to begin proceedings to form a reimbursement
district to recover a portion of the City's cost in the
installation of improvements benefiting the parcel at the
southwest corner of the Bonita Road/Flower Street intersection
2o Direct staff to return with a Resolution calling for a public
hearing on the formation of the proposed reimbursement
district and waiving owner participation in the costs
associated with the formation of the district.
At the request of staff, this item was continued one week.
16. REPORT GENERAL PLAN AMENDMENT FOR THE CITY OF
CHULA VISTA (Director of Planning}
In FY 1981-82, the City of Chula Vista contracted with Mr. Bud
Gray to perform city planning and general plan work. The two
primary projects involved in the original contractual agreement
were as follows:
1. Residential density standards and/or ranges for the Land Use
Element of the Chula Vista General Plan, and
2. Survey, evaluation and growth and development forecast for
25,000 acres of land within the planning area's "Agricultural
and Reserve Open Space" territories.
Since 1981-82, the City has witnessed numerous major changes
including the Bayfront Plan, establishment of the Otay Valley Road
Redevelopment Area and its effectuation, continued redevelopment
within the Town Centre, annexation of and development approval for
EastLake I SPA, action on the E1 Rancho del Rey Specific Plan
Amendment, initial construction within the Bonita Long Canyon
area, the near completion of the Terra Nova project, adoption of
the City's Sphere-of-Influence Plan and continued development
within the central city. The territory and population of the city
are about to be expanded via the annexation of Montgomery the end
of this year.
MINUTES 19 - December 3,
1985
Staff's recommendation was that Council authorize Mr. Bud Gray,
consultant, to function as an overall project manager and
authorize the issuance of a request for statement of
qualifications-general planning services.
In response to Councilwoman McCandliss' question, Director Krempl
explained the two phase approach which would provide a scope of
work for further direction and action for staff to follow. This
report will be provided at the next Council meeting.
MSUC (McCandliss/Cox) this be continued for one week (to December
10, 1985).
17. CITY MANAGER'S REPORT
a. City Manager Goss reported that the EastLake tour is
scheduled for Saturday, December 14, 1985.
b. The City Manager stated the Sweetwater Union Hi9h School
District Board will have docketed the school developer fees
for their meeting on December 5 recommending the increase.
MSUC (McCandliss/Scott) that a letter be drafted and sent to the
School District asking them to continue the item (developers'
fees) to their second meeting in January (January 30) and not
implement the January 1 increase.
Mayor Cox recommended this item be docketed for the next joint
City Council/School Board meeting. City Clerk Fulasz reported
Chula Vista is the host for the next meeting and she is
tentatively scheduling it for the latter part of January.
c. Public Information Coordinator Cox discussed the proposed
commemorative coin for the City's 75th Anniversary. He
requested Council approval in order to proceed with ordering
the coins so they will be available for the January 4
festivities. The cost would be $2,500 for 1,O00 coins.
MSUC (Scott/McCandliss) not do it (approve expenditure for
commemorative coins).
d. City Manager Goss noted the report on the legislation
proposed for "SAFE" was submitted to the Council but not for
action. He suggested this item be scheduled for next week's
meeting.
Mayor Cox remarked the City Selection Committee will meet next
Monday (December 9, 1985) to decide how the five City
representatives will be selected.
MINUTES 20 - December 3,
1985
18. MAYOR ' S REPORT
a. Mayor Cox acknowledged receipt of a letter from W. Scott
Frazeur who is submitting his resignation from the Montgomery
Planning Committee. The Mayor requested this vacancy be
filled before the end of the year.
b. The Mayor stated in his absence, Councilman Malcolm will be
attending the Transportation Finance Advisory Committee this
Friday pertaining to SB61 which sets up a taxing authority
for road improvements in the City and County areas.
c. The Mayor distributed packets he received pertaining to
restructuring of City plan processing. He suggested staff
meet with large developers to see if they would be interested
in funding additional staff people in order to process
developer plans in a more expeditious manner.
MSUC (Cox/Moore) after the tour of the EastLake project, a number
of different developers be invited to meet with staff and Council
(in a Council Conference) to see if there is a solution the City
could jointly work out (regarding plan processing).
d. Mayor Cox noted he met with the Chief of the Bonita/Sunnyside
Fire Protection District regarding annexation and relocation
of their station.
MSUC (Cox/Scott) to authorize staff to contact the
Bonita/Sunnyside Fire Protection District staff and discuss those
items.
19. COUNCIL COMMENTS
a. Councilwoman McCandliss asked if City staff would be present
at the County Board of Supervisors meeting regarding rezoning
of 1-1/2 acres of property off Main Street near Otay Valley
Road. Director Krempl indicated Planning staff could attend
this meeting.
MSUC (McCandliss/Scott) to have someone from Planning staff in
attendance.
b. Mayor Cox commented on a request for the City to set up
collection sites for providing food baskets for the needy.
He requested the newspapers publish a story asking residents
to donate food for this cause and perhaps the City could set
up collection facilities at all fire stations.
MINUTES 21 December 3,
1985
MSC (Cox/McCandliss) indicate that any members of the community
who would like to donate canned goods for Christmas baskets, that
it will be gratefully accepted at the various fire station
locations in the City. (Councilman Scott abstained.)
ADJOURNMENT AT 9:09 p.m. to the meeting of December lO, 1985 at
7:00 p.m.
Jennie M. e e . arm e o
City Clerk .sj Deputy City Clerk
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